221 (g) pending further administrative processing

[amykathleen2005 441]

I have an upcoming interview (hasn't been scheduled yet) and I'm very worried I will be put in administrative processing due to a previous overstay (which was not entirely my fault) yet they will not see it that way.

I overstayed a few years ago when I was 20 due to being married to a US citizen who kept promising to file my AOS but never did. I had no option but to leave after he told me ICE were looking for me (I'm not sure if this is true or not). After I left the US I was barred for 3 years. If you are an abused spouse of a citizen you are supposed to be exempt from the bar but although he did mistreat me (which I can't prove) he was not physically abusive.

While I was barred (but before I knew I was barred) I applied for a visitors visa which was denied and they told me at the interview I was barred temporarily due to unlawful presence.

Some time after that I annulled the marriage based on his poor moral character and lies/fraud. A couple of years later I met my current husband and he has filed for my CR1 visa but I'm so worried about getting the 221 (g) slip due to the overstay and visa denial. I am going to be honest with them about everything at the interview but I still don't know whats going to happen and I'm extremely worried about not being believed. I know if you've ever had a visa denial they think you are just trying to get an immigrant visa to get to the US and not because you are in love.

Please help!

A visitor visa denial in itself is not a problem. If the ban is over there shouldn't be a problem them as long as there was no misrepresentation on your part.

[NickUSMC 3]

No because I clearly stated I never worked in the US. I worked in Italy and told her where. Then she says no job gives you so much vacation, and I told her in fact I left my job because I couldn't keep it anymore the 3rd visit to my wife. And then she asks again how I could afford those flights. I told her I saved money and help from my father. She kept smiling and told me it was funny. (??!)

I wanted to ask her how could I work for 1 month and leave and always find a job each time I was going back. I must have been a lucky guy with this economy.......

She wanted to find something just to make us waste more time and money. Also when I told her my wife lives with her parents now she laughed and said "she's 40 and she lives with her parents?!" I said yes. She said hmm.

I don't see where the problem is. When I will move there she s gonna move with me in a new apartment. But for now with the economy she prefers to stay with her parents. I don't see what's wrong with the CO.

She woke up in the wrong side of the bed. She also separated a family with a little kid because his wife was in Italy for 4 months to stay with her husband during the process and she told them he denied their GC because he doesn't live in the US.

[bestofboston 36]

The good news is they can not deny you at the embassy level unless they can prove that you were not being truthful. That is one of the advantages a CR1 visa has over a K1 visa. K1 visa can easliy be denied by a moody interviewer at the embassy.

If you said something that differs from what you provided the USCIS and the NVC, then you will have an issue.

They assume fraud first when there is a large age difference.

There is 25 years in age difference between my wife and I. My wife and I will automatically be cateogrized in the high fraud category during the removal of condition process (I-751) when going from a CR1 visa to a IR1 permanent resident green card. CR1 green card is good for only 2 years and is given to married couples that have been married for less than two years.

Fortunately we have no maritial issues after being married for almost 3 years.

Edited February 28, 2013 by bestofboston

[NickUSMC 3]

Still makes no sense for fraud if one is older than the other. If I want to make a false marriage just to move to the US I would find a girl of my age or around my age... Being married to someone older than you should make your marriage even more real.

I always told them the truth but the CO seemed to be a little frustrated that morning. They have no reasons to deny me to reunite with my wife. I'm not a criminal. Always lived in Italy. Worked as EMT in the EMS Dept, also been a EMT volunteer, my wife is in the NYPD, never had a ticket in my life, never been accused of anything. Never overstayed. Makes no sense at all.. This is what you get when you follow the rules ?!

[N-o-l-a 7,167]

Still makes no sense for fraud if one is older than the other. If I want to make a false marriage just to move to the US I would find a girl of my age or around my age... Being married to someone older than you should make your marriage even more real.

I always told them the truth but the CO seemed to be a little frustrated that morning. They have no reasons to deny me to reunite with my wife. I'm not a criminal. Always lived in Italy. Worked as EMT in the EMS Dept, also been a EMT volunteer, my wife is in the NYPD, never had a ticket in my life, never been accused of anything. Never overstayed. Makes no sense at all.. This is what you get when you follow the rules ?!

Sorry, but yes.

I think the reason people point out the age thing and why it doesn't affect most of the Filipinas, is that culturally it is more normal for a younger woman to marry an older man rather than the other way around.

I'm sure that you aren't being fraudulent, but it seems many times older American women tend to get scammed by 20 something year old guys looking for a greencard. How this relates to you, I don't know. Maybe the CO suspected you of it or maybe they need to research more into your background. Who knows? AP happens and most likely you'll get to come over after a bit of a delay. It might be something as simple as someone else having the same name as you. *shrugs* Don't read too much into it.

[NickUSMC 3]

Well I guess I will have to wait 2-8 weeks and find out... So frustrating. We were all happy that we could live as a family. She cried over the phone and I felt like "poo". I hope everything turns out to be ok and they issue me the visa. Heck is just for 2 years! They can at least give us a try!

So cool in the US Constitution it says that a US Citizen has the right to pursuit happiness.

Edited February 28, 2013 by NickUSMC

[Sveta & Ron 23]

nickusmc remember that phrase was writen over 200 years ago and our government has turned that into ( this i keep to myself )

[a+j 77]

You have not been denied. You're in AP, it's different. Having to wait more for a decision must be unnerving but, based on what you said, there's no reason to believe you'll be denied.

Your timeline is quite an outlier (although your I-130 was approved in 64 days from your NOA1, your interview took 498 days). Was there something unusual in your case that made the process so long and might also have determined you ending up in AP? Just wondering.

Edited February 28, 2013 by a+j

[NickUSMC 3]

That's my lawyers fault. He forgot to send the I-824... Wasted few months ..!!!!!!!!

[DartJ 0]

Hey NickUSMC,

We were there for the interview 1 day before, and had a similiar experience with a really rude and cheeky lady -- she just laughed, and didn't give us any real explanation. We are on "hold" because of domicile issues as well and not sure how to re-schedule our interview.

Anyway, those people in Naples are really difficult to deal with, and also really rude -- they certainly don't follow the State Dept. guide to treating people well.

Let me know if you hear anything.

[audrina 0]

HELLO

SORRY TO INTRODUCE MYSELF ON THIS TOPIC BUT IAM NEW HERE AND I STILL DON T UNDERSTAND HOW IT WORK BUT I THINK I WILL TRY TO EXPOSE MY CASE I HAD AN INTERVIEW AT US EMBASSY IN CAMEROON AS US CITIZEN SPOUSE THEY GAVE ME A YELLOW PAPER FOR A DENIED ON 221g and my case is pending on adminatrive processing since almost 5 months now iam really scared and sad i really missed my husband and i dont understand why it took them so long to tell me their decision please help me . thank to all of u

[stevie b 141]

HELLO

SORRY TO INTRODUCE MYSELF ON THIS TOPIC BUT IAM NEW HERE AND I STILL DON T UNDERSTAND HOW IT WORK BUT I THINK I WILL TRY TO EXPOSE MY CASE I HAD AN INTERVIEW AT US EMBASSY IN CAMEROON AS US CITIZEN SPOUSE THEY GAVE ME A YELLOW PAPER FOR A DENIED ON 221g and my case is pending on adminatrive processing since almost 5 months now iam really scared and sad i really missed my husband and i dont understand why it took them so long to tell me their decision please help me . thank to all of u

yes you are in the wrong area

start a new topic for this

for starters, you will need to write exactly what the denial was for.. then you will receive info on how to go about your business

[audrina 0]

so how do i do to start a new topic i do need some explanation about that

the yelow paper saying this : the office regrets to inform you taht it is unable to issue a visa to you because you are not yet eligible to receive a visa under 221 g of immigration act and nationality act, which indicates that more information is required before a final decision can be made.

at the end of the paper : your application requires futher administrave processing. we will contanct you once the review is completed. however, if after 3 months you have not heard from us, you may check the status of your case using the following email adress

this interview date from 5 feb 2013

[stevie b 141]

so how do i do to start a new topic i do need some explanation about that

the yelow paper saying this : the office regrets to inform you taht it is unable to issue a visa to you because you are not yet eligible to receive a visa under 221 g of immigration act and nationality act, which indicates that more information is required before a final decision can be made.

at the end of the paper : your application requires futher administrave processing. we will contanct you once the review is completed. however, if after 3 months you have not heard from us, you may check the status of your case using the following email adress

this interview date from 5 feb 2013

forum tab at the top

cr1 process and procedures

blue button .. start new topic

you are on AP.. it can take a day or it can take years

there is no way to influence it

you have to wait to be contacted..

[audrina 0]

thank you steeve i create a new post administrative prossecing

but do you say years my god